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expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification
<br />of the documents without written verification, completion, or adaptation by Engineer; and (4) such
<br />limited license to Owner shall not create any rights in third parties.
<br />E. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the
<br />other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims
<br />for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting
<br />from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner
<br />under this Agreement shall be limited to $50,000 or the total amount of compensation received by
<br />Engineer, whichever is greater.
<br />F. The parties acknowledge that Engineer's scope of services does not include any services related to a
<br />Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous
<br />substances or waste as defined by the Comprehensive Environmental Response, Compensation and
<br />Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party
<br />encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability
<br />for consequential or any other damages, suspend performance of services on the portion of the
<br />Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to
<br />identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition;
<br />and (2) warrants that the Site is in full compliance with applicable Laws and Regulations.
<br />G. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days
<br />after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute
<br />shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law.
<br />6.01 Total Agreement
<br />A. This Agreement (including any expressly incorporated attachments), constitutes the entire
<br />agreement between Owner and Engineer and supersedes all prior written or oral understandings.
<br />This Agreement may only be amended, supplemented, modified, or canceled by a duly executed
<br />written instrument.
<br />7.01 Basis of Payment —Hourly Rates Plus Reimbursable Expenses
<br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows:
<br />1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's
<br />employees times standard hourly rates for each applicable billing class for all services
<br />performed on the Project, plus reimbursable expenses and Engineer's consultants' charges,
<br />if any.
<br />2. Engineer's Standard Hourly Rates are attached as Appendix 1.
<br />3. The total compensation for services and reimbursable expenses is estimated to be $65,240.
<br />7.02 Additional Services: For additional services of Engineer's employees engaged directly on the
<br />Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project
<br />EJCDC E-520 Short Form of Agreement Between owner and Engineer for Professional Services.
<br />Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved.
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